- Report: #192966
Complaint Review: Love Beal And Nixon - Oklahoma City Oklahoma
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Love Beal And Nixon
6621 N. Meridian Avenue Oklahoma City, 73116 Oklahoma, U.S.A.
Phone:
405-720-0565
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Love, Beal And Nixon ripoff Unfair collection practices Oklahoma City Oklahoma
In November 2000 I obtained a consolidation loan from Citifinacial. One of the accounts I paid off with this loan was an Associates Nat'l Bank Visa. I have a copy of the loan documents which clearly show that ANB was an account that was paid the amount and the whole nine yards...
In June of 2004 Midland Credit Mgt. began trying to collect on the same ANB Visa account. I faxed the loan aggreement and the Disclosure statement showing the account paid. I assumed they accepted thier mistake and just went away... No Midland Credit Mgmt. only began harassing me more, even to the point of threats and name calling. One of thier collection agents called me a "stupid b**tch and an "ingnorant liar".
In December of 2005 they started sending me collection notices again. Again I faxed them my proof of payment. Now they say that I must produce a copy of the check that my loan company paid the account with or they would turn my account over to thier attorneys and sue me. I could only laugh and tell them to get on it! I would be happy to go to Court just to prove how stupid they were being.
In March of 2006 an agent from LOVE, BEAL & NIXON,P.C. contacted me. Again I faxed the proof of payment. I explained the whole history of this wrongful collection. I referred them to Citifinancial (who they never bothered to contact). I cooperated as much and as pleasantly as I could. I contacted Citifinancial who states that it could take a considerable amount of time to "find" a copy of the check but they "will try". I had the District Mgr. for Citifinancial contact the agent from LOVE, BEAL & NIXON. I explained I never had pocession of the check they wanted to see it was paid by a consolidation loan... I stayed in contact with them while Citifinancial took thier time finding a copy of the check (I am still waiting on them!) I have made several calls to keep them posted on the progress.
May 15, 2006 LOVE BEAL& NIXON sent a Summons by process server to my place of employment. I was out of town for Mother's Day weekend. When I returned I contacted the City Clerk and informed them when I would be back to work so that I could be "served". LOVE, BEAL & NIXON decided to serve the Summons to my 84 year old Mother who has Alzhiemers. She called me at work hysterical, thinking I was going to jail! THEY KNEW I was living here taking care of her. THEY KNEW of her condition because I had to tell them several times not to call my home during the day and talk to my Mother, LOVE, BEAL and NIXON were threatening to my Mother, devulging my PRIVATE information to her, she called me several times at work crying because she was afraid I was in trouble. I had given them my work number for that very reason!
Once I settled my Mother down and found someone to stay with her I contacted LOVE, BEAL & NIXON's offices and requested the collections dept. supervisor. I gave him detailed information. Expressed my disatisfaction with his company's manner of doing business. I told him that I would be hiring an Attorney and will gladly go to court and bring my own civil suit against them. He said he would look at my file and call me back. He NEVER DID! I called and left a message, still no return call. I called again and was able to catch him. Now he acts like he doesn't know who the h**l I am and/or what my complaint was. All he would tell me is I have 35 days from the date of service of the summons to file my answer in court, that he could not give me legal advice but that a summons was serious business, that I should know that his company will seek and recieve all fees and payment of the unpaid account plus interest. That the his company and the process server acted within thier rights! THE ACCOUNT WAS PAID IN FULL NOVEMBER 2000!
I will be filing a civil suit against them. I will seek the maximum allowed for harassment, release of confidential information, mental stress, time and monies spent on this issue, anything and everything my attorney feels is allowable.
Tina
Clinton, Oklahoma
U.S.A.
In June of 2004 Midland Credit Mgt. began trying to collect on the same ANB Visa account. I faxed the loan aggreement and the Disclosure statement showing the account paid. I assumed they accepted thier mistake and just went away... No Midland Credit Mgmt. only began harassing me more, even to the point of threats and name calling. One of thier collection agents called me a "stupid b**tch and an "ingnorant liar".
In December of 2005 they started sending me collection notices again. Again I faxed them my proof of payment. Now they say that I must produce a copy of the check that my loan company paid the account with or they would turn my account over to thier attorneys and sue me. I could only laugh and tell them to get on it! I would be happy to go to Court just to prove how stupid they were being.
In March of 2006 an agent from LOVE, BEAL & NIXON,P.C. contacted me. Again I faxed the proof of payment. I explained the whole history of this wrongful collection. I referred them to Citifinancial (who they never bothered to contact). I cooperated as much and as pleasantly as I could. I contacted Citifinancial who states that it could take a considerable amount of time to "find" a copy of the check but they "will try". I had the District Mgr. for Citifinancial contact the agent from LOVE, BEAL & NIXON. I explained I never had pocession of the check they wanted to see it was paid by a consolidation loan... I stayed in contact with them while Citifinancial took thier time finding a copy of the check (I am still waiting on them!) I have made several calls to keep them posted on the progress.
May 15, 2006 LOVE BEAL& NIXON sent a Summons by process server to my place of employment. I was out of town for Mother's Day weekend. When I returned I contacted the City Clerk and informed them when I would be back to work so that I could be "served". LOVE, BEAL & NIXON decided to serve the Summons to my 84 year old Mother who has Alzhiemers. She called me at work hysterical, thinking I was going to jail! THEY KNEW I was living here taking care of her. THEY KNEW of her condition because I had to tell them several times not to call my home during the day and talk to my Mother, LOVE, BEAL and NIXON were threatening to my Mother, devulging my PRIVATE information to her, she called me several times at work crying because she was afraid I was in trouble. I had given them my work number for that very reason!
Once I settled my Mother down and found someone to stay with her I contacted LOVE, BEAL & NIXON's offices and requested the collections dept. supervisor. I gave him detailed information. Expressed my disatisfaction with his company's manner of doing business. I told him that I would be hiring an Attorney and will gladly go to court and bring my own civil suit against them. He said he would look at my file and call me back. He NEVER DID! I called and left a message, still no return call. I called again and was able to catch him. Now he acts like he doesn't know who the h**l I am and/or what my complaint was. All he would tell me is I have 35 days from the date of service of the summons to file my answer in court, that he could not give me legal advice but that a summons was serious business, that I should know that his company will seek and recieve all fees and payment of the unpaid account plus interest. That the his company and the process server acted within thier rights! THE ACCOUNT WAS PAID IN FULL NOVEMBER 2000!
I will be filing a civil suit against them. I will seek the maximum allowed for harassment, release of confidential information, mental stress, time and monies spent on this issue, anything and everything my attorney feels is allowable.
Tina
Clinton, Oklahoma
U.S.A.
4 Updates & Rebuttals
Treva
Mangum,,Oklahoma,
U.S.A.
to tina
#2Consumer Comment
Sun, June 11, 2006
Tina, I was approached by a man claiming to be a "officer of the court" in an attempt to serve my fiance who works out of town and is home on weekends. I knew nothing of the situation regarding the lawsuit, and naturally gave out no information. Some very strage events followed his visit, and I was wondering if it was the same guy they sent to bother your Mother. My fiance contacted the firm and gave specific times he would be home and the guy has never shown back up around here. We live in the same area and would like to discuss this with you via email if possible.
Steve
Bradenton,Florida,
U.S.A.
oops..I misread the post..
#3Consumer Comment
Wed, May 24, 2006
I thought they served it to your employer and were harassing your mother. My mistake. However, I did beat them on improper service, as they assumed where I live. I simply told them to prove that I lived there. They couldn't.
Aafes
Viernheim,Europe,
U.S.A.
Tina make sure you file a response
#4Consumer Comment
Wed, May 24, 2006
Make sure you file a response, stating clearly that the debt was paid, provide what evidence you currently have and inform the court you are waiting for a copy of the check from Citifnancial. Also advise Citifinancial this is now a court matter and you need them to expedite finding the check. It is hard to believe a creditor this large and with the technology they possess cannot find a copy of a check quickly, they are not giving the matter priority. If you don't file the response in a timely manner you may find they obtain a default judgement. You have paid, and can still beat them but it will require additional time and court fees on your part. The summons was served properly. From the Oklahoma Rules of Civil Procedure: {c} Service should be made as follows: (1) Upon an individual other than an infant who is less than fifteen (15) years of age or an incompetent person, by delivering a copy of the summons and of the petition personally or by leaving copies thereof at the person's dwelling house or usual place of abode with some person then residing therein who is fifteen (15) years of age or older or by delivering a copy of the summons and of the petition to an agent authorized by appointment or by law to receive service of process; The process server had no way to determine your mother has diminished capacity and served on an adult residing in the home. This is proper service. Document all the abuses by both Midland and LBN. Then file a seperate civil suit against them. In this case they will come away with nothing, you will likely end up getting paid.
Steve
Bradenton,Florida,
U.S.A.
Tina, Here's how I BEAT LBN in the same situation..
#5Consumer Suggestion
Wed, May 24, 2006
Tina, Be sure to respond to the court and to LBN in the specified time. Do this by certified mail, return reciept requested, and be sure to put the certified# on the letter itself and keep a copy for your records. Oklahoma requires PERSONAL service. Therefore that summons is void. They MUST serve it on YOU personally. They cannot leave it with a relative or your employer. Specify in your dispute/response that the summons was left with another uninvolved party. Also specify that it is a frivolous lawsuit, as you were attempting to resolve it. The court hates frivolous lawsuits. LBN doesn't actually know the way into the courtroom, as they just hope for the default judgements. They are truly incompetent. If you stand up to them, they will drop the suit and go away. File a BAR ASSOCIATION complaint on them and complaint online at FTC.gov. Your Bar Assoc complaint will compliment mine! Good luck!
